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Calcutta High CourtCRM (A)/2022/2023allowed

Mursalim @ Murshalim Biswas And ORS v. State Of West Bengal

2023-05-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

17.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2022 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 128 of 2023 dated 24.03.2023 under Sections 341/325/326/307/506/34 of the Indian Penal Code.

And In Re : Mursalim @ Murshalim Biswas & Ors.

...... petitioners Ms. Minoti Gomes ....for the petitioners Mr. Abhra Mukherjee Ms. Manisha Sharma ....for the State In an incident of assault, the injured suffered lacerated injury over head and scalp. The nature of injury was classified as "simple may be grievous hurt".

The incident of assault, apparently, took place amongst co-sharers to an immovable property.

Considering the gravity of the offence and the involvement of the petitioners in the incident, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the petitioners shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)